6.  T. and A. are the father and mother of J. and S. and were born in 1949. J. was born in 1975 and S. was born in 1985. The applicants live in Helsinki.
7.  In September 1990 the parents and the social welfare authority were informed by day care staff that S. had been playing “sexually coloured” games with other children. S. stated that an older boy had initiated the games.
8.  On 29 January 1991, S. was admitted to the A. hospital for examinations. In February 1991 the parents and the social welfare authorities were informed of the hospital’s conclusion that S. had been subjected to incest by T. It was suspected that T. had also sexually abused J. T., A. and J. denied the accusations. On 26 March 1991 S. was transferred to a children’s home.
9.  On 20 June 1991 the parents requested that S. be discharged from the children’s home. This request was refused and on 26 June 1991 S. was placed in public care by decision of the Director of the Social Welfare and Health Care Board, which was endorsed by the Board on 27 June 1991.
10.  On 11 July 1991 the Board ordered that S. be taken into public care for an indefinite period of time, with a review of the care plan to take place at the latest in September 1991. The Board took note of an opinion of 12 March 1991 of psychologist M.S., Dr P.T. and another expert to the effect that there was an incestuous relationship at least between S. and T. S. was deemed to be in need of safe conditions away from his home, so as to prevent a continuation of the incestuous relationship. S. was also in need of therapy which in order to be successful required that he be provided with stable conditions.
11.  On 11 July 1991 the Social Welfare and Health Care Board also decided to request an investigation into whether S. had been the victim of a sexual offence. On the basis of the pre-trial investigation the public prosecutor subsequently charged T. with sexual abuse.
12.  On 13 March 1992 T.’s appeal against the care order was refused by the County Administrative Court. The court noted that the examinations both at the Family Advice Centre and the hospital had to some extent been conducted in a tendentious manner and some of S.’s statements had been wrongly interpreted. Although the conclusion by the hospital staff that S. had been subjected to incest could not therefore be fully endorsed, the investigation results could not be wholly disregarded. The court went on to find that the care order would not be lifted.
13.  On 8 October 1992 the Helsinki City Court (raastuvanoikeus, rådstuvurätten) acquitted T. of the incest charges. It found it established that S. had been subjected to sexual abuse, but noted the contradictory testimony as to whether the abuse had been inflicted by T. The results of the examinations of S. were also open to differing interpretations.
14.  On 12 and 22 October 1992 A. demanded that the care of S. be terminated in light of T.’s acquittal and his having moved out of the home.
15.  On 10 December 1992 the Social Welfare and Health Care Board refused the request, considering that the conditions for continued public care were still met. It also restricted access to S.
16.  On 28 December 1992 the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen) refused the parents’ appeal against the County Administrative Court’s decision of 13 March 1992.
17.  On 19 July 1993, further restrictions on access to S. were imposed.
18.  On 16 September 1993 the County Administrative Court upheld the public care order. The court considered, on the one hand, that T.’s acquittal of the incest charges was not decisive when assessing whether the public care of S. needed to be continued. The home environment had seriously jeopardised S.’s development. On the other hand, the family circumstances had changed since S.’s placement in public care, A. now being capable of providing the necessary care. Since S.’s possible return to live with A. was to be prepared and gradually implemented, the public care order could not yet be revoked. The court went on to revoke the access restrictions as being unlawful. When heard in private, S. had expressed his longing to go home and his wish to see his parents as frequently as possible. It further ordered the social authorities to allow unsupervised visits.
19.  In the criminal proceedings against T., the prosecutor’s and the Social Welfare and Health Care Board’s appeals were rejected by the Helsinki Court of Appeal (hovioikeus, hovrätten) on 8 February 1994. The court found that the Social Welfare Board had no standing to bring charges against T. As for the merits, the court found that the charges had to be examined mainly on the basis of S.’s own statements and the observations of his play, given that the investigations forming the basis for the charges had been limited to him alone. The court found that S. had been subjected to leading questions, in part exerting pressure on him. Some of his answers had been wrongly understood. During part of the investigation period S. had been isolated from his parents, which might have affected his behaviour negatively. In particular in view of the differing expert opinions concerning the investigation methods, the Court of Appeal could not find the charges proven.
20.  On 3 June 1994 S. was returned to A.’s home and on 8 June 1994 the public care order was revoked by the Social Welfare and Health Care Board. On 23 January 1995 the Supreme Administrative Court refused the parents’ appeal in so far as it concerned the decision of 10 December 1992, upheld by the County Administrative Court on 16 September 1993, to continue the public care. The Supreme Administrative Court noted that the public care had ended on 3 June 1994 and that the conditions for revoking the care had not yet been met at the time of the challenged decisions.
21.  On 21 June 1994 the applicants initiated private prosecution proceedings and proceedings for damages against the City of Helsinki and eight officials who had taken part in implementing the public care examinations and treatment in respect of S. The applicants accused the officials as well as S.’s therapist inter alia of having abused their public office in subjecting S. to inappropriate investigation methods and in drawing erroneous conclusions from the resultant findings. The public prosecutor did not join the private prosecution but participated in the trial ex officio.
22.  Hearings were held before the District Court (käräjäoikeus, tingsrätten) of Helsinki on 24 August and 2 November 1994. During the third hearing on 18 January 1995 the public prosecutor suggested that a police investigation be carried out into the alleged offences and that an opinion be obtained from the National Authority for Medico-Legal Affairs (terveydenhuollon oikeusturvakeskus, rättskyddscentralen för hälsovården; “the Medico-Legal Authority”).
23.  No police investigation was conducted however and on 3 March 1995 the police requested the Medico-Legal Authority to submit an opinion. On 30 May 1995 the Authority requested senior physician S.H. to submit an expert opinion. He returned the documents on 5 July 1995 without however submitting any opinion. On the same day another request was made to professor E.R.
24.  On 5 September 1995 the A. hospital was asked to provide the Medico-Legal Authority with the patient records, video tapes and any other relevant material which were then forwarded to E.R. This expert’s opinion was received on 27 October 1995.
25.  On the same day the police reminded the Medico-Legal Authority that it had not yet submitted its opinion. On 16 November 1995 the police was informed that the Medico-Legal Authority had found it necessary to seek further expert opinions.
26.  On 12 December 1995 the police again reminded the Medico-Legal Authority that its opinion was still outstanding.
27.  On 15 May 1996 the Medico-Legal Authority requested child psychotherapist H-O.P. and psychologist S.T. to submit expert opinions. On 19 July 1996 the Authority reminded H-O.P. that no opinion had been received. S.T.’s opinion was received on 30 July 1996.
28.  On 9 September 1996 the Medico-Legal Authority requested H-O.P. and S.T. to submit more detailed expert opinions.
29.  On 18 October 1996 the police again reminded the Medico-Legal Authority that its opinion was still outstanding. H-O.P.’s opinion was received by the Authority on 31 October 1996.
30.  On 14 January 1997 the Medico-Legal Authority submitted documentary evidence to S.T. in order to facilitate the preparation of a more detailed expert report. An expert meeting was organised by the Authority on 7 February 1997.
31.  On 25 June 1997 the Medico-Legal Authority reminded H-O.P. that no opinion had been received from him.
32.  On 30 June 1997 a supplementary opinion was likewise requested from E.R.
33.  On 4 July 1997 H-O.P. was again reminded that that no further opinion had been received from him.
34.  On 18 July 1997 and 8 August 1997 respectively the Authority received the supplementary opinions of E.R. and H-O.P.
35.  Meanwhile, the case had been before the District Court on 31 May and 22 November 1995, 29 May and 4 December 1996 and 21 May 1997. On each occasion the case had been adjourned in anticipation of the Medico-Legal Authority’s opinion.
36.  The Medico-Legal Authority’s opinion was delivered on 14 November 1997, its conclusion being that the investigation into the suspected sexual abuse of S. had been conducted in accordance with approved and generally applied practice in the beginning of the 1990’s. For reasons of competence, the Authority limited itself to reviewing the professional conduct of child psychiatrist L.K. of the Family Advice Centre, of child psychiatrist R.H. at the A. hospital and of V.-M.T., senior physician at the said hospital. Referring to the expert opinions it had obtained, the Authority detected no errors or deficiencies in the conduct of those three officials, taking into account the practice applied at the relevant time.
37.  Attached to the Authority’s opinion was a list of the material available to it for the purpose of drawing up its opinion. The material included minutes from the earlier proceedings before the Helsinki District Court and the Uusimaa County Administrative Court as well as various other material in the form of written statements, case records and audio and video recordings.
38.  At its next hearing on 3 December 1997 the District Court heard as expert witnesses the three authors of the opinions submitted to the Medico-Legal Authority for the preparation of its own opinion.
39.  The case was next heard on 14 January, 15-16 April, 2 June, 10‑11 June and 26 August 1998. The subsequent hearing scheduled for 29 September 1998 was cancelled since the presiding judge had died.
40.  The next hearings were held on 12 February, 10 March and 16 April 1999. The following hearing scheduled for 6 May 1999 was cancelled due to the new presiding judge’s illness. The next hearings were held on 11 June and 2 September 1999.
41.  According to the applicants, the presiding judge who had taken over the case towards the end of 1998 refused to allow any questions by the applicants’ representative as to the scientific qualifications of the experts consulted by the Medico-Legal Authority.
42.  Four other expert witnesses were also heard in the District Court but the presiding judge who had taken over the case refused to allow the hearing of two counter experts proposed by the applicants (A. and H.-S.) and whereby they had sought to prove that the Medico-Legal Authority’s opinion had not been prepared in accordance with scientific standards.
43.  On 29 October 1999 and after having dealt with the case on 23 occasions the District Court delivered its judgment, finding that none of the alleged offences had been proved by the applicants. The applicants were ordered to pay the defendants’ costs in the amount of FIM 840,000 (over EUR 140,000). This amount was accumulating FIM 7,000 in interest per month and the Bailiff levied execution on one third of A.’s and J.’s salaries.
44.  The applicants appealed to the Helsinki Court of Appeal and requested a re-hearing. They proposed to hear experts A. and H.-S. They were granted two extensions of one month each in order to file and complete their appeal.
45.  In its judgment of 27 March 2002 the Court of Appeal upheld the District Court’s conclusions without having held a re-hearing. As the lower court had applied the relevant provisions as in force on 1 October 1997 the Court of Appeal applied them likewise. As a consequence, it could have held an oral hearing under chapter 26, section 7 of the Code of Judicial Procedure had it found that necessary. It noted however that there was no dispute as to the contents of the written testimony recorded in the District Court’s minutes. Whereas no question arose as to the credibility of witnesses there was disagreement as to how the written expertise should be interpreted. Given that the joint opinion of A. and H.-S. had already been recorded in the minutes and given the other evidence at its disposal, the Court of Appeal concluded that an oral hearing was not necessary.
46.  The applicant parents were ordered to pay the defendants’ fees and costs but the court lifted the applicant children’s obligation to participate jointly in their reimbursement.
47.  On 22 November 2002 the Supreme Court (korkein oikeus, högsta domstolen) refused the applicants leave to appeal. In seeking such leave the applicants had argued, inter alia, that the lower courts had refused to take oral evidence from expert A. since his written testimony had been recorded in the minutes of the criminal proceedings against T. By failing to examine A. in the criminal proceedings initiated by the applicants the lower courts had violated the principle of immediacy in the taking of evidence. Furthermore, no decision had been recorded and no reasons had been given for the courts’ refusal to take oral expert testimony from H.-S. The District Court’s refusal had occurred after a prior agreement to the contrary.